Update of the EU Dual-Use Goods List

Annex I to Regulation (EU) 2021/821 (“Dual-Use Regulation”), which lists goods, including software and technologies, that are classified as “dual-use” – meaning they can be used for both civilian and military purposes – and which are therefore always subject to authorization when exported from the EU, is usually updated annually. On 8 September 2025, the European Commission published the draft Delegated Regulation amending Annex I (C(2025) 5947 final). The announced update introduces numerous new technical entries, particularly in the areas of semiconductor technology, cryogenics, and quantum computing. Companies that export goods to third countries must address the changes promptly. The legislation is expected to enter into force at the end of 2025.

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Origin of the changes: International agreements and their implementation in EU law

Annex I of the Dual-Use Regulation does not contain any goods listed autonomously by the EU, but rather serves to implement international export control regimes. Central to the current amendment is the Wassenaar Agreement, a multilateral export control agreement between 42 states, including most EU member states, the USA, Canada, Japan, and Australia, but also, for example, Russia and India. The aim of the agreement is to control conventional military goods and dual-use-related goods and technologies.

In December 2024, a number of new listings and technical clarifications, particularly concerning so-called emerging technologies, were adopted under the Wassenaar Agreement. These decisions are not legally binding, but they do politically obligate member states to implement them nationally. Full integration into EU law ensures harmonized implementation among EU member states. Key areas of focus: High technology. The revised version of Annex I introduces numerous changes, particularly in high-risk technological sectors. The product groups affected reflect current security policy and economic developments – such as the increasing strategic importance of quantum computers, advanced semiconductor technology, and cryogenic systems. The most important changes at a glance: Cryotechnology is a particular focus of the new goods list. Included among the items listed are:

• Cryogenic cooling systems and pulse-tube coolers necessary for quantum computers and sensors (3A504)
• Parametric signal amplifiers for use at extremely low temperatures (3A501.b.13.)
• Cryogenic wafer test systems required in the development of superconducting chips and qubits (3B504)
• These systems are technologically sophisticated and security-sensitive, as they are used in the development of high-precision sensors, quantum communication, and novel computing architectures.

• Certain components of quantum computers, such as superconducting circuits, were also explicitly included in the new list. Software for controlling quantum mechanical processes will also fall under control in the future, provided it meets certain technical criteria (e.g., 4A506). New materials, in particular high-temperature coatings and thermal barriers for turbine or rocket engines, are also affected. The EU is thus following the trend of placing critical technologies for the space sector more firmly under control (e.g., 2E503.g). New entries also concern equipment and materials for the additive manufacturing (“3D printing”) of high-performance metals – especially inoculators that can influence the microstructure (e.g., 1C513). The semiconductor industry remains a focus. This equipment is essential for the development of chips with feature sizes below 7 nanometers and is therefore strategically relevant for all industrialized nations. New equipment has also been recorded in the biochemical field, such as automated peptide synthesizers. (2B352.j.), which are important in both pharmaceutical research and the field of biological weapons prevention.

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What does the listing mean in concrete terms? – Article 3 of the Dual-Use Regulation

According to Article 3(1) of the Dual-Use Regulation, an export license is always required for the export of goods listed in Annex I, i.e., for their delivery to a third country outside the EU. Such authorizations can take the form of General Authorizations (GAUs), which can be issued either by the EU (GAUs EU001 to EU008 in Annex II of the Dual-Use Regulation; these are valid EU-wide) or by the competent national authorities (these can only be used by legal entities and natural persons who are based or established in the country in question). If no such GAU can be used, an export license must be obtained in advance from the competent national authority, in Germany the BAFA. Anyone who exports a listed good without a license risks substantial fines and, in serious cases, even criminal prosecution. Companies should therefore carefully check their export goods to determine whether they fall, in whole or in part, under the technical parameters of the new entries. Some entries already regulated nationally – examples from Germany. The restrictions for German companies are not entirely new: Several of the technologies now listed at the EU level were already included as nationally controlled dual-use goods in the German export control list (Part I, Section B of the Foreign Trade and Payments Ordinance). With the 21st Ordinance Amending the Foreign Trade and Payments Ordinance, Germany had already subjected the export of some of the goods listed above to a licensing requirement under Section 8 Paragraph 1 No. 2 of the AWV, effective July 23, 2024. These include, for example, parametric signal amplifiers, cryogenic cooling systems, and quantum devices/qubits. Other member states, such as Spain, had already established comparable regulations. By transferring the regulations to Annex I of the Dual-Use Regulation, EU-wide uniformity is now ensured. Legal form and entry into force: Delegated act with objection period. The current amendment to Annex I is made by a delegated regulation of the European Commission. The legal basis for the adoption of this delegated regulation is Article 17 of the Dual-Use Regulation. This allows the Commission to independently make technical adjustments to the list of goods. Before the delegated regulation enters into force, however, it is transmitted to the European Parliament and the Council of the EU. These two institutions then have a period of two months to object to the legal act, if necessary. If no objection is raised within this period, the regulation enters into force automatically. However, a veto by Parliament or the Council would prevent the delegated regulation from entering into force. In exceptional cases, the period can be extended upon request. In practice, this means: The changes are expected to become binding at the end of 2025 or at the latest at the beginning of 2026.